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AttorneyTom, Lawyer

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I was married in New York and moved to be with my wife who

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I was married in New York and moved to be with my wife who would not agree to move to New York. It has been a miserable marriage and I did not realize I was getting into a situation that was only for financial help. For almost five years I traveled back and forth to three different jobs mostly working and traveling about 90 to 100 hours per week. I have no children or relestate with this current wife. I was I was injured in a vehicle accident while working and since retired and went on Social Security and my pension effective Jan. 2010. There are constant arguments in the household over her older children living here for free, ages 22 and 25 plus one has a 21 year old mate living here for free. I'm 67 years old and just want out. I cannot see living my lasting years in such an unhappy mess. What are my options for getting out and divorced without going for my lungs ?

Typically, assets acquired during a marriage are subject to equitable distribution in divorce. This means that a court should distribute them fairly (not necessarily equally). For instance, if one spouse has sacrificed a great deal for a marriage and the other has taken, a court may consider that when deciding how to distribute the assets accumulated during the marriage. That said, some assets (such as inheritances) are not typically subject to distribution.

Assets brought into the marriage are typically considered separate property and are not typically subject to distribution in divorce. This means that the spouse who brought the property into the marriage typically may keep that property in after the divorce.

That said, there's no way to force a spouse to accept a settlement agreement. Each spouse may typically decide what he/she is willing to settle for and, if the spouses cannot come to an agreement, they may then need to let the court decide on the distribution of assets.

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